| 1 | 1 | | By: Ramos H.B. No. 3825 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to expanding access to women's health care services and |
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| 7 | 7 | | family planning services by removing restrictions on the |
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| 8 | 8 | | participation of certain health care providers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. SHORT TITLE. This Act shall be known as the Free |
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| 11 | 11 | | Choice of Provider Act. |
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| 12 | 12 | | SECTION 2. Subchapter A, Chapter 531, Government Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | Sec. 531.0025. [RESTRICTIONS ON] AWARDS TO FAMILY PLANNING |
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| 15 | 15 | | SERVICE PROVIDERS. (a) Notwithstanding any other law, money |
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| 16 | 16 | | appropriated to the commission [Department of State Health |
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| 17 | 17 | | Services] for the purpose of providing family planning services |
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| 18 | 18 | | shall [must] be awarded: |
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| 19 | 19 | | (1) to eligible public and nonpublic entities that |
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| 20 | 20 | | provide family planning services according to [in] the following |
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| 21 | 21 | | order of descending priority: |
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| 22 | 22 | | (A) the demonstrated, evidence-based, historical |
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| 23 | 23 | | ability of each entity to achieve the patient and service |
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| 24 | 24 | | utilization goals of the family planning services, or[public |
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| 25 | 25 | | entities that provide family planning services, including state, |
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| 26 | 26 | | county, and local community health clinics and federally qualified |
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| 27 | 27 | | health centers]; |
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| 28 | 28 | | (B) the likelihood of the entity to meet patient |
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| 29 | 29 | | and service utilization goals based on standards set by the agency. |
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| 30 | 30 | | [nonpublic entities that provide comprehensive primary and |
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| 31 | 31 | | preventive care services in addition to family planning services; |
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| 32 | 32 | | and] |
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| 33 | 33 | | [(C) nonpublic entities that provide family |
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| 34 | 34 | | planning services but do not provide comprehensive primary and |
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| 35 | 35 | | preventive care services; or] |
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| 36 | 36 | | [(2) as otherwise directed by the legislature in the |
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| 37 | 37 | | General Appropriations Act.] |
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| 38 | 38 | | (b) The legislature shall not direct the commission to award |
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| 39 | 39 | | money appropriated for the purpose of providing family planning |
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| 40 | 40 | | services otherwise in the General Appropriations Act. |
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| 41 | 41 | | (cb) Notwithstanding Subsections (a) and (b), the |
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| 42 | 42 | | commission [Department of State Health Services] shall, in |
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| 43 | 43 | | compliance with federal law, ensure distribution of funds for |
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| 44 | 44 | | family planning services in a manner that provides equitable access |
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| 45 | 45 | | to services in[does not severely limit or eliminate access to those |
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| 46 | 46 | | services in any] all regions of the state. |
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| 47 | 47 | | SECTION 3. The following laws are repealed: |
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| 48 | 48 | | (1) Chapter 2272, Government Code, as added by Chapter |
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| 49 | 49 | | 501 (S.B. 22), Acts of the 86th Legislature, Regular Session, 2019; |
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| 50 | 50 | | (2) Section 32.024(c-1), Human Resources Code. |
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| 51 | 51 | | SECTION 4. To the extent of any conflict, this Act prevails |
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| 52 | 52 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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| 53 | 53 | | relating to nonsubstantive additions to and corrections in enacted |
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| 54 | 54 | | codes. |
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| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2021. |
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